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Friday, January 4, 2013

What is the modes of dispute resolution?

The
first implies using alternative ways such as dialogue, negotiation or third
party intervention instead of using force or aggressive measures to resolve a
dispute.

The
second implies that a powerful third party uses force, not necessarily physical
force, but aggressive persuasion to create social or structural pressure and
influence on the parties to resolve existing disputes. The third party might
have some interest, but not on the dispute itself. The third party works as a
pressure factor and may or may not be neutral. However, it is not uncommon for
disputes resolved this way to reemerge in the future.

Traditional
dispute resolution mechanisms

In
general, Traditional Dispute Resolution Mechanism implies the existing process
of resolving dispute in our society. There are two diverse processes of dispute
resolution.

Community initiative

Legal procedures

Community
initiative

The
community sometimes takes a leading role in resolving local disputes. In
Bangladesh, these are popularly known as Shalish and Mimangsha. These are
usually undertaken through mediation, negotiation, and reconciliation. In the
Shalish or Mimangsha the community leaders delve deep into the root cause/s in
the presence of both parties, hear viewpoints of disputants, and try to find a
solution agreeable to the parties concerned. Resolving disputes through
community initiatives with the above tools are commonly known as Alternative
Dispute Resolution[2].

Advantages
of community initiative

It is easier to resolve the dispute since the nature of the dispute is well
known and understood by all parties involved.

Meeting all-round social obligations.

Problems
of community initiative

Not a very systematic procedure

Can be biased

Not legally binding, but driven by social obligation.

Sometimes problems arise due to community’s indifference

Sometimes leaders make decision by use of power and influence

Legal
procedure

Legal
procedures are a process of dispute resolution that takes place in the courts
of law. Basically, people go to the legal authority to obtain a favorable
verdict but also to have a feeling of victory over the other, which may in the
minds of the victors exceed the actual gains made out of the resolution of the
problem or dispute. It is a win-lose game[3].
This process often holds disputes, and leaves permanent scars on the mind of
the losing party rather than resolving the problem, and it may end in making
the disputes endemic and long lasting. When the losing party gets a chance,
they look for revenge.